Assumption of Personal and Real Property Leases in Chapter 13 and the Exercise of Options to Purchase (ECB211014-2A)

Thursday, October 14, 2021

1:45 PM to 3:15 PM (Eastern Daylight Time)

Back to Event

About the Program

Assuming or rejecting an automobile lease or lease of other personal property, or a lease of residential real estate whether as landlord or tenant, can be a critical part of the chapter 13 debtor’s rights and duties. With the statutory framework lacking clarity the practitioner must tread carefully to avoid termination of the debtor’s lease. Does chapter 13 also provide rights to cure defaults and arrears? When, if ever, can the debtor exercise his or her auto lease buyout option in monthly payments over the life of the chapter 13 plan?

You Will Learn

  • The law and rules applicable to the personal property and the real property lease assumption in chapter 13
  • The automatic termination pitfalls that can arise
  • The opportunities in chapter 13 for curing defaults and the limits of protections, especially in residential leases
  • Creative strategies for dealing with buyout options

Who Should Attend

This session assumes some familiarity with concepts and procedures in chapter 13 but is appropriate for any practitioner who has basic bankruptcy experience. With the end of the pandemic eviction moratorium, the real property portions will be particularly relevant to anyone representing individual landlords or tenants.

CLE Credit: 1.5 CT (General); 1.5 NY (AOP)


Carl Gulliver Carl T. Gulliver
Carl Gulliver Law LLC, New Haven

Charles-Maglieri Charles A. Maglieri
Semi-Retired, Venice, Florida

James M. Nugent James M. Nugent
Harlow Adams & Friedman PC, Milford


Roberta Napolitano Roberta Napolitano
Chapter 13 Standing Trustee, Hartford